Detailed Answer
Short answer: Yes — under Tennessee law you can file a civil lawsuit for assault even if you did not go to the hospital. However, not going to the hospital can make it harder to prove the extent of your injuries and damages. You should act quickly because legal deadlines apply.
What kinds of claims are possible?
There are two separate legal tracks after an assault:
- Criminal: The State can charge the alleged attacker with assault or related crimes (Tenn. Code Ann. § 39-13-101 et seq.). Criminal cases are prosecuted by the state. You can report the assault to police whether or not you sought medical care.
- Civil: You can sue the person for an intentional tort such as assault and battery or for related harms (pain and suffering, medical expenses, lost wages, emotional distress). Civil claims use a lower burden of proof (preponderance of the evidence) than criminal cases.
How not going to the hospital affects a civil case
Medical records are strong objective evidence of injury, treatment, and causation. If you didn’t go to a hospital, the defendant may argue that your injuries were minor or that they did not occur. You can still prove your case, but you will need alternative evidence:
- Photos of visible injuries taken soon after the incident.
- Witness statements from people who saw the assault or saw your injuries.
- Documentation of other medical attention (urgent care, primary care, physical therapy, mental health counseling) if you later sought care.
- Records of time missed from work and pay stubs to show lost wages.
- Receipts for expenses you paid because of the assault (medication, counseling, transportation).
- Your contemporaneous notes or diary about pain, symptoms, and how the injuries affected daily life.
Deadlines you must know (statute of limitations)
Under Tennessee law certain actions for assault and related intentional torts have a short filing deadline. Many claims for assault and battery must be filed within one year. See Tenn. Code Ann. § 28-3-104 for the governing limitation period. Because these deadlines run quickly, start the process promptly if you plan to sue.
(Tennessee law and coded sections are available on the Tennessee legislature website: https://www.capitol.tn.gov/.)
What to do now — practical steps
- Report the incident to police and get a copy of the police report. A report is useful whether or not the state files charges.
- Document everything. Take photos, collect witness contact information, preserve clothing or other physical evidence, and write a timeline of the incident while details are fresh.
- Seek medical or mental-health care as soon as possible even if you did not go to the hospital immediately. Later medical records can still confirm injury and causation.
- Track economic losses — lost wages, medical bills, transportation costs. Keep receipts and pay records.
- Talk with an attorney about the strength of your case, where to file (general sessions court or circuit court depending on the claim and amount), likely damages, and litigation vs. settlement options.
Key differences between civil and criminal cases
- Crime: The state prosecutes; the burden is beyond a reasonable doubt. You can help as a victim or witness but you do not control the prosecution.
- Civil lawsuit: You (the plaintiff) file a complaint asking for money or other relief. The burden is a preponderance of the evidence. Even if the state does not prosecute, you may still recover civil damages.
Possible outcomes and damages
If you prove the civil claim, courts can award damages for economic losses (medical bills, lost wages) and non-economic losses (pain and suffering, emotional distress). In rare cases involving malice or aggravated conduct, punitive damages may be available, but Tennessee law limits and controls punitive damage awards.
When you should definitely consult a lawyer
Speak with an attorney if any of these apply:
- Your injuries caused missed work or required ongoing care.
- The facts are disputed or there were no independent witnesses.
- The alleged assailant denies responsibility or claims self-defense.
- You want to know whether to pursue criminal reporting, a civil claim, or both.
Important statutory references: Tennessee criminal assault statutes appear in Tenn. Code Ann. § 39-13-101 et seq. For limitations on civil actions involving assault, see Tenn. Code Ann. § 28-3-104. You can review Tennessee statutes on the Tennessee Legislature website: https://www.capitol.tn.gov/.
Disclaimer: This article explains general Tennessee law and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Tennessee attorney.
Helpful Hints
- Report the assault to police even if you did not go to the hospital; get the report number and officer contact information.
- Take photos of injuries and the scene as soon as possible. Time-stamped photos help credibility.
- Collect witness names, phone numbers, and short written statements while memories are fresh.
- If you later seek medical care, tell the provider how the injury occurred and keep all medical records and bills.
- Keep a daily log of pain, limitations, and emotional effects — judges and juries find contemporaneous notes persuasive.
- Preserve physical evidence (clothes, torn items) in a paper bag or box; avoid washing or altering them.
- Ask police whether body‑worn camera, security camera, or 911 recordings exist and how to obtain them.
- Act quickly because Tennessee limitation periods for assault claims can be short. Do not assume delay will have no consequence.
- Consult a local attorney for guidance on where to file and how to value your claim. Many firms offer a free initial consultation.